LAWS(GJH)-1997-7-40

BAI JADI Vs. STATE OF GUJARAT

Decided On July 11, 1997
BAI JADI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The petitioners are aggrieved by the order of the Special Land Acquisition Officer refusing to make reference under Sec. 18 of the Land Acquisition Act.

(2.) The reference is sought on the ground that under Sec. 48 of the Land Acquisition Act. the Government has withdrawn from the acquisition and the petitioner had suffered damage on account of the acquisition and is entitled to be compensated for the same under Sec. 48(2) and. therefore, reference ought to have been made under Sec. 48(3) of the Act.

(3.) The Land Acquisition Officer has held that there was no withdrawal from acquisition under Sec. 48(1) and, therefore, there is no question of awarding any compensation under Sec. 48(2) or making any reference under Sec. 48(3).